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Allahabad HC stays further demolition of SP leader’s banquet hall; orders status quo

6 months ago 46

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LUCKNOW: The Allahabad High Court came to the rescue of a Samajwadi Party leader who owns a banquet hall - Aiwane-e-Farhat - in Bareilly by restraining the Bareilly Development Authority (BDA) from carrying out any further demolition of the residential structure and marriage hall.

A division bench comprising Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh directed the parties, on Wednesday, to maintain the status quo and granted liberty to the petitioners to approach the Vice-Chairman of the BDA with applications for the regularisation and compounding of the unauthorised construction.

The order came almost a week after the Supreme Court declined to entertain a writ petition filed under Article 32 by SP leader Sarfaraz Wali Khan and his wife Farhat Jahan but granted them liberty to approach the jurisdictional High Court.

On December 4, the Apex Court, while disposing of the petition, noted that the "demolition exercise has already begun" and that partial demolition had been carried out. However, the Supreme Court had granted interim protection for one week, directing that parties maintain the status quo till December 10, 2025.

When the matter was presented before the High Court, Senior Advocate Shashi Nandan, appearing for the petitioners, argued that the demolition action was being taken under the "guise" of an alleged order (dated October 12, 2011) that was never served upon the petitioners. The petitioners alleged that the authorities concerned proceeded directly with demolition without giving any prior notice or following the procedure prescribed under the Uttar Pradesh Urban Planning and Development Act, 1973.

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